Varick ZBA special meeting minutes May 13, 2018

Zoning Board of Appeals
Town of Varick New York

Minutes for May 13, 2018

The Varick ZBA held a special site inspection meeting at 4677 Route 89 on May 13, 2018.

Present: Annie Bachman - Chair, John Keel, Andrew Herkovic, Fred Beary
Absent: Susan Ottenweller

The meeting was convened at 5:15 pm at the suggestion (communicated via email) of the chair. The sole agenda item was to observe the property at 4677 Route 89, subject of an area variance appeal filed by the current owner, Joseph A. Lippert of Erie, PA.

The members noted metal posts marking the property boundaries, and observed and discussed: the non-conformance of the lot, the very close (non-conforming) proximity of the house to the south, the dimensions of the existing structure, the non-conformance of the location of that structure relative to Rt. 89., the height challenge for any new structure (given the level of Rt. 89 relative to mean high water of Cayuga Lake. It was apparent that the “addition,” as proposed in the area variance application, would violate setbacks on both north and south sides, and, coupled with the square footage of the existing structure, would probably exceed the coverage limit of 25% of the total lot (to be calculated later).  It was also observed that the property to the south has had an air-conditioner installed on its north side, further impeding clearance between it and the proposed “addition.”

The owner of the property to the north was able to observe our inspection from the vantage point of his own dock, but did not participate in our discussion.

The meeting ended at ca. 5:30 pm.

Respectfully submitted by Boardmember Andrew Herkovic

Varick ZBA meeting minutes April 24, 2018

Zoning Board of Appeals
Town of Varick New York

Minutes for April 24, 2018 

The Varick ZBA held a public meeting at the Varick Town Hall on April 24, 2018 at 7pm. Present: Annie Bachman – Chair person, John Keel, Fred Beary, Andrew Herkovic, Susan Ottenweller, Tim Doran- Code Enforcement Officer

Meeting was called to order at 7:01 pm.

Old Business: 
Review of February 2018 minutes. The March 27, 2018 meeting was canceled. Motion to accept the minutes with corrections made by F. Beary 2 nd A. Herkovic Motion approved unanimously.

Code Enforcer Report: 
Alvin Zook on Kings Corner Rd. /Ernsberger at some time had built a building used for storage, and has now opened a horseshoeing/harness shop in that building. There are no permits on record. Is a zoning permit needed?

T. Doran notified Bob Steele from the county who planned to speak with Mr. Zook.

NOTE: There is nothing in the codes that says when or what requires a permit or who to speak to. Basic process- get a town permit first and the form specifies when a county permit is needed. (refer to page 10 of the Zoning Codes under Structure)

Farm stand season is beginning - there is no definition or code requirements listed. Do they need to be regulated? Most common concern is the distance off the edge of the road for safety from passing traffic.

After discussing the incinerator controversy taking place in Romulus, the question of regulation for a business causing poor air quality – what can /should be done when the quality of life downwind of the business is affected.

Solar Farms – Should there be a size restriction? All agree there should be more solar power in the area. Does the Varick Comprehensive Plans include solar or wind farms, incinerator, etc.?

New Business: 
Regulation of dock and mooring – There is no record of Varick ever having been granted the right of home rule. There is work being done at the State level asking to have the right granted.

There is a report of a good conversation between G. Tolomeo and J. Somerville about the Tolomeo entry steps. There is no sign of any actual work yet.

The public hearing for a variance for J. Lippert is scheduled for the May 22, 2018 meeting. Notification letters to all parties to go out ASAP as many of them are not locals.

The variance request asks for relief from the 10ft. setback on both sides of an addition to the existing structure. The drawing included in the application looks to be a sizable addition, so there may need to be discussion on the maximum lot coverage as well.

County requirements for buildings as close as this addition will be to the neighbors will be to make the new structure have a 2 hour burn rating if the ZBA approves the variance request.

Code discussion: 

'Grandfathering' - actually Article V- Nonconforming Uses and Buildings 501.5 (pg 61) the nonconforming building can be rebuilt if it is 50% destroyed, but not if they just 'don't like it'. A board member was was approached with questions about the 'Grandfathering' of a specific property, but there has not been any paperwork submitted needing the ZBA attention.

Next Meeting May 22, 2018 at 7:00 pm
Motion to adjourn the meeting at 8:48 pm. by S. Ottenweller 2 nd J. Keel

Respectfully Submitted May 15, 2018.

Carol J. Millis, Secretary

The scheduled meeting of the ZBA for Tuesday, 27 March, has been cancelled. The next meeting is currently scheduled for Tuesday, 24 April.